Criminal Law Between Public and Private Law
18 Pages
Posted: 3 Nov 2009
University of Toronto - Faculty of Law; University of Toronto - Centre for Ethics
Date Written: July 17, 2009
Abstract
To criminalize something (not someone, ordinarily) means to bring it within the scope of criminal law; in this sense, crime is a legal phenomenon, as is punishment. This means that an account of criminalization needs an account not of crime simpliciter, but of law in general, and of criminal law within it. In this paper, I approach this task equipped with two distinctions, one - between law and police - designed to illuminate the concept of law, and the other - between public and private law - meant to clarify that of criminal law.
Keywords: Criminal law, legal theory, public law, private law, Roman law
JEL Classification: K14, K30
Suggested Citation:
Suggested Citation
Dubber, Markus D., Criminal Law Between Public and Private Law (July 17, 2009). Available at SSRN: https://ssrn.com/abstract=1499538 or http://dx.doi.org/10.2139/ssrn.1499538
